data sharing:
social and normative

              kaitlin thaney
 program manager, science commons
  chantilly, va - ISWC ...
make sharing easy, legal and scalable

        integrated approach

building part of the infrastructure for
          know...
I am not a lawyer.
  (first things first)
social and normative issues

human involvement, added roadblocks
       implications of FLOSS
  interoperability, design d...
the data web
needs to be legally and technically
              accessible
“ By open access to the literature, we mean its free
availability on the public internet, permitting users
 to read, downl...
as a means to achieve Open Access
      but what about data?
knowledge?

    journal articles
          data
       ontologies
      annotations
plasmids and cell lines
knowledge?

             journal articles
                 data
               ontologies
              annotations
      ...
early days of WWW

no licenses (even free)
  debate over code
   CERN’s decision
   view/edit source
   network effects
the data web

       still in its infancy ...
“the future is here ...
just unevenly distributed”
                      - william gibson
(i.e., linked data, W3C, neuroco...
(social) implications
   of FLOSS toggles
free/libre license ethos

notion of licensing to make
        more free
©
“creative expression”
is it creative?
is it creative?
is it creative?
category errors
the problem of...
   Non-Commercial


   for data
Non-Commercial


what’s a commercial use
   of the data web?
the problem of...
  Share Alike


   for data
issue of license proliferation

   whatever you do to the least of the
databases, you do to the integrated system

       ...
the problem of...
   Attribution


   for data
social aspect of semantics
agreement
  is hard.
espresso
  coffee
             cafe
                    kopi
                             cafezinho

latte               k...
“choice” or interoperability.

         (pick one)
converge on common names

    “coffee”


    “cafe”              coffee

    “kopi”      http://ontology.foo.org/1234567
national law hurdles

             sui generis,
        “sweat of the brow”
          Crown copyright
           “level of...
protection instinct / culture of control

  quality control, integrity concerns

  “my data”, interpretation issues

     ...
<mosquitos><transmit><malaria>

        validation, provenance
    relationship mapping, citation?
             what right...
a norms approach
a non-license means to request
        certain behavior

      community norms
 best practices, terms of use
attribution vs. citation

which one applies? which is best fit?
      what’s the difference?


 “credit where credit is due”
attribution
 “the requirement to acknowledge or
 credit the author of a work which is
  used or appears in another work”

...
attribution:
        (legal entity)

“triggered by making of a copy”
      does it apply to facts?
  how? (papers, ontolog...
how to perform?
  how much is enough?
unintentional infringement
  (example, ontologies)

      does it apply?
citation:
(gentle(wo)man’s club)

    legal requirement?
     interoperability?
credit where credit is due
entrenched scie...
we shouldn’t use the law to make it
   hard to do the wrong thing ...
need for a legally accurate and
            simple solution

reducing or eliminating the need to make
   the distinction o...
calls for data providers to waive all rights
necessary for data extraction and re-use

  requires provider place no additi...
... must promote legal predictability and certainty.

             ... must be easy to use and understand.

... must impos...
set of principles (not license)

open, accessible, interoperable

      know it’s safe to play
impose “toggles” through norms,
         terms of use

   best fit for the discipline

 doesn’t limit downstream use
at best, we’re partially right.

at worst, we’re really wrong.
resist the temptation to treat
              as property

embrace the potential to treat instead
      as a network resour...
scalability is key

“get law out of the way”

build + allow for network effects
the right to fix our mistakes.
(remember Prodigy and AOL?)
thank you.

kaitlin@creativecommons.org
      sciencecommons.org
     creativecommons.org
   slideshare.net/kaythaney
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
Data Sharing: Social and Normative - ISWC
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Data Sharing: Social and Normative - ISWC

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Given at ISWC 2009 as a part of "Legal and Social Frameworks for Sharing Data on the Web" tutorial with Leigh Dodds and Tom Heath from Talis and Jordan Hatcher from Open Data Commons. 25 Oct 2009. (http://www.opendatacommons.org/events/iswc-2009-legal-social-sharing-data-web/)

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Data Sharing: Social and Normative - ISWC

  1. 1. data sharing: social and normative kaitlin thaney program manager, science commons chantilly, va - ISWC - 25 oct 2009 This presentation is licensed under the CreativeCommons-Attribution-3.0 license.
  2. 2. make sharing easy, legal and scalable integrated approach building part of the infrastructure for knowledge sharing
  3. 3. I am not a lawyer. (first things first)
  4. 4. social and normative issues human involvement, added roadblocks implications of FLOSS interoperability, design decisions how to navigate?
  5. 5. the data web
  6. 6. needs to be legally and technically accessible
  7. 7. “ By open access to the literature, we mean its free availability on the public internet, permitting users to read, download, copy, distribute, print, search, or link to the full texts of the articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal or technical barriers other than those inseparable from gaining access to the internet itself.” Image from the Public Library of Science, licensed to the public, under CC-BY-3.0
  8. 8. as a means to achieve Open Access but what about data?
  9. 9. knowledge? journal articles data ontologies annotations plasmids and cell lines
  10. 10. knowledge? journal articles data ontologies annotations plasmids and cell lines ... how to treat? like content? software?
  11. 11. early days of WWW no licenses (even free) debate over code CERN’s decision view/edit source network effects
  12. 12. the data web still in its infancy ...
  13. 13. “the future is here ... just unevenly distributed” - william gibson (i.e., linked data, W3C, neurocommons...)
  14. 14. (social) implications of FLOSS toggles
  15. 15. free/libre license ethos notion of licensing to make more free
  16. 16. © “creative expression”
  17. 17. is it creative?
  18. 18. is it creative?
  19. 19. is it creative?
  20. 20. category errors
  21. 21. the problem of... Non-Commercial for data
  22. 22. Non-Commercial what’s a commercial use of the data web?
  23. 23. the problem of... Share Alike for data
  24. 24. issue of license proliferation whatever you do to the least of the databases, you do to the integrated system (the most restrictive wins) risk for unintended consequences
  25. 25. the problem of... Attribution for data
  26. 26. social aspect of semantics
  27. 27. agreement is hard.
  28. 28. espresso coffee cafe kopi cafezinho latte koffee mocha americano
  29. 29. “choice” or interoperability. (pick one)
  30. 30. converge on common names “coffee” “cafe” coffee “kopi” http://ontology.foo.org/1234567
  31. 31. national law hurdles sui generis, “sweat of the brow” Crown copyright “level of skill” how internat’l data sharing efforts are affected?
  32. 32. protection instinct / culture of control quality control, integrity concerns “my data”, interpretation issues fear, uncertainty, doubt (FUD)
  33. 33. <mosquitos><transmit><malaria> validation, provenance relationship mapping, citation? what rights? still not fully automated
  34. 34. a norms approach
  35. 35. a non-license means to request certain behavior community norms best practices, terms of use
  36. 36. attribution vs. citation which one applies? which is best fit? what’s the difference? “credit where credit is due”
  37. 37. attribution “the requirement to acknowledge or credit the author of a work which is used or appears in another work” citation “reference to a published or unpublished source” ... prime purpose is of “intellectual honesty” (via wikipedia)
  38. 38. attribution: (legal entity) “triggered by making of a copy” does it apply to facts? how? (papers, ontologies, data) “in a manner specified by ...” attribution stacking
  39. 39. how to perform? how much is enough? unintentional infringement (example, ontologies) does it apply?
  40. 40. citation: (gentle(wo)man’s club) legal requirement? interoperability? credit where credit is due entrenched scientific norm
  41. 41. we shouldn’t use the law to make it hard to do the wrong thing ...
  42. 42. need for a legally accurate and simple solution reducing or eliminating the need to make the distinction of what’s protected requires modular, standards based approach to licensing
  43. 43. calls for data providers to waive all rights necessary for data extraction and re-use requires provider place no additional obligations (like share-alike) to limit downstream use request behavior (like attribution) through norms and terms of use
  44. 44. ... must promote legal predictability and certainty. ... must be easy to use and understand. ... must impose the lowest possible transaction costs on users. full text: http://sciencecommons.org/projects/publishing/open-access-data-protocol/
  45. 45. set of principles (not license) open, accessible, interoperable know it’s safe to play
  46. 46. impose “toggles” through norms, terms of use best fit for the discipline doesn’t limit downstream use
  47. 47. at best, we’re partially right. at worst, we’re really wrong.
  48. 48. resist the temptation to treat as property embrace the potential to treat instead as a network resource
  49. 49. scalability is key “get law out of the way” build + allow for network effects
  50. 50. the right to fix our mistakes.
  51. 51. (remember Prodigy and AOL?)
  52. 52. thank you. kaitlin@creativecommons.org sciencecommons.org creativecommons.org slideshare.net/kaythaney

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